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(영문) 서울중앙지방법원 2020.07.07 2019가단5115511

토지인도

Text

1. The Defendants jointly pay KRW 38,253 to Plaintiff A and KRW 2,50,171 to Plaintiff B.

2."Seoul.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the land listed in the separate sheet No. 1 (hereinafter “the Plaintiff’s land”). (The Plaintiff owned 5.6/6 shares, Plaintiff B owned 371.6 shares, and Plaintiff B owned 366/371.6 shares), and the details of changes in ownership of the Plaintiff’s land are as listed below.

The Plaintiff’s land was constructed on September 2018 with the 1st underground floor and the 14th ground level.

The owner of the sequence 1982.3.8 to Oct. 7, 2018. G (total) between B and B (the father) of A and the husband of B (the husband) from Aug. 8, 2013 to B (the whole) on June 8, 2016 to Jun. 8, 2016; B (366/371.6) on February 27, 2017; B (5.6/371.6) 4 from Feb. 28, 2017 to Oct. 4, 2018. < Amended by Act No. 15018, Oct. 5, 2018; Act No. 15010, Oct. 6, 2018>

B. The Defendants are co-owners of the Seoul Special Metropolitan City Fro 427.8 square meters (hereinafter “instant land”) and the above-ground buildings (hereinafter “Defendant building”) adjacent to the Plaintiff’s land immediately adjacent to the Plaintiff’s land (hereinafter “instant land”). The details of changes in ownership of the instant land are as listed below.

The Defendant’s land was constructed on December 2002 with the 1st underground floor and the 9st above ground floor (maur-type accommodation facility). The Defendant’s building changed its use to the studio accommodation facility by remodeling around January 2018.

I (1) On October 27, 2003, from November 19, 2001 to October 27, 2003, I (1/2) from November 27, 2003 to October 27, 2003, C and D’s mother (parent) from October 28, 2003 to March 10, 201, I (1/2) C(1/4) D(1/4) inheritance of J shares 3201 to March 11, 2011 to current C (1/2) D(1/2) D(1/2) I contribution gift and registration as a right to a site of an aggregate building on January 22, 2018.

C. At the vicinity of the boundary line of the Plaintiff’s land and the Defendant’s land, the fence and the boundary line (the line connecting each point in sequence of 2,9,8, and 5; hereinafter “instant fence”) are installed, as shown in the attached Form 2, and the fence are located within the Plaintiff’s land.

The original structure was built up with bricks, etc.